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480-235CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-235 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CI-tANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LOT 2, BROCK ADDITION, BEING APPROXIMATELY 1.160 ACRES SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18. AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-lA" SINGLE FAMILY RESIDENTIAL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORD1N)d'4CE; DETER.MINING THAT THE PUBLIC INTEREST, MORALS ANT) GENERAL WELFARE DEMAND THE ZONING CHANGES ANT) AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "SF-1A" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS. the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following t:actors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs L 9 CTYDOCS,ORD\CASES' 480-235.WPD Page to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the gcneral well~are; effect on light and air; effect on the over-crowding of the land; effect on the concentration o f population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, ':he City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City. Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who boughl or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding o f land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE 1T ORDAiNED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City o f Southlake, Texas, passed on the 19th day o f September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 2, Brock Addition, being approximately 1. 160 acres situated in the Jesse G. Allen Smwey, Abstract No. 18, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "SF-IA" Single Family Residential District to "CS" Community Service District, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". L: CTYDOCS\ORD\CASES\480-235 WPD Page 2 Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas. to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinanccs for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population: and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the pro¥isions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be sew~rable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or ref~.tses to comply with or who resists the enfomement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning xvhich have accrued at thc time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City L:,,r~rYDOCS'xORD\CASESX48{} 235 WPD Page 3 newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 o f the Charter o f the City o f Southlake. Section 10. publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the /~ day of ~ / This ordinance shall be in full force and effect from and after its passage and , 1997. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of IV~¥bR '~' 1997. L:\CTYDOCS\ORD\CASES\480-235.WPD Page 4 ATTEST: CITY SECRETARY CITY ATTORNEY L:\CI YDOCS\ORD\CASES\480-235.WPD Page EXHIBIT "A" Property being described as Lot 2, Brock Addition, being approximately 1.160 acres situated in the Jesse G. Allen Survey, Abstract No. 18, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas. L:\CTYDOCSXORD\CASES\480-235.WPD Page 6 L:\CTYDOCS\ORD\CASES\480-235 .WPD Page 7 EXHIBIT "B" Jill Il! i d, ii Iii Iljl 1 Star-Telegram FED. I.D. NO. 22 3148254 AD ORDER NO. 10996381 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: i DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE o AMOUNT 5/10ME 1099638I CITY OF SOUTHLAK I358 1x 78L 78 . 79 61 . 62 SOUTHLAK__ TEXAS OF 15 710=-E}5/10- --. ORDINANCE Nd.480-235 AN ORDINANCE AMENDING __.. ORDINANCE NO. 480 AS AMENDED THE COMPRE- ..-- - - HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS, --- GRANTING A ZONING - - CHANGE ON A CERTAIN -- ' TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LOT 2 BROCK ADDITION, BEING APPROXIMATELY 1.160 ACRES SITUATED IN THE JESSE G ALLEN SURVEY ABSTRACT rip 18, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT "A" FROM "AG" AGRI- I LuLi uRAL DISTRICT TO A" A" SINGLE FAMILY IESIDENTIAL DISTRICT TO CS" COMMUNITY SERVICE NSTRICT,SUBJECT TO THE UIREMENTS S1 CONTAINED ISPECIFIC NECHIS ORHE SWORN TO BEFORE ME, THIS THE 15th DAY OF MAY 1997 OFFICIAL ZONING MAP;E PRE- �_/-� ` SERVING ALL OTHER POR- KryVl�\I DINAN OF THEDETERMINING OR- ,�J��6�(!L_,(�J� Lk THAT TFIE PUBLIC INTER- m�.4 RHONDA R. GOKE Notary Public EST,i. MORALSA AND GENER- 3:7 ' �J,,i. COMMISSION EXPIRES AL WELFARE DEMAND THE $•: �+' ZONING CHANGES AND ' . :,,: AMENDMENTS HEREIN �'r�• SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS MIADEIS GRDINANCENSHALLTHAT r,hf„OF4±f~ r CUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- ING FOR'YCLAUSTS FOR - ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ING FOR A PENALTY FOR VI- OLATIONS HEREOF, PROVIDING A SAVINGS+ CLAUSE; PROVIDING FOR TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT PUBLICATION IN THE OFFI- -------A CIAL NEWSPAPER- AND - PROVIDING AN EFFECTIVE / DATE. / Section 7.Any person,firm or .� corporation who violates, disobeys,omits,neglects or refuses to comply with or iliwho resist the enforcement anyof the provisions of ram REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 this ordinanceshall shall be fined not more than Two Thou- sand Dollars ($2 000.00) for each offense. each day that a violation is permitted ACCOUNT AMOUNT to exist shall constitute a NUMBER C I T 5 7 DUE 61 . 62 separate offense. PASSED AND APPROVED THIS THE 6TH DAY OF MAY, 1997, DURING THE REGU- PAGE 1 O� IF ANY QUESTIONS, PLEASE CALL(817)390-7885 LAR CITY COUNCIL MEET- ING OF THE CITY OF SOUTH-I LAKE TEXAS MAYOR RICK STACY ATTEST: SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., I CITY ATTORNEY CITY OF SOUTHLAKE PLEASE PAY 667 N CARROLL AVE THIS AMOUNT1 SOUTHLAKE, TX 76092-9595 61 . 62 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegrani. FED. I D. NO. 22-3148254 AD ORDER NO. 10881536 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS county of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT NTH/AINE 4/19ME 1088153 •. NOTICE OF PUBLIC I358 1x 82L 82 . 79 64 . 78 NOTICE OF PUBLIC HEARING 0 4/1 g 1-0 4/1 9 NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council Meeting to be held on May 6, 1997 at 6:00 p.m.in the City Council Chambers of the City Hall,667 North Car- roll Avenue, Southlake, Tex- -- --- -- - - • - - as. Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-235 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS; AMENDED, THE COWIPRE- ,-- - HENSIVE ZONING ORDI- , NANCE OF THE CITY OF SOUTHLAKE, TEXAS- GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND S I G WITHIN THE CITY OF SOUTH- LAKE TEXAS,BEING LOT 2 APPROXIK MA APPROXIMATELY , BE1.160 23rd APRIL 1997 S ACRES SITUATYYED IN THE SWORN TO BEFORE ME THIS THE DAY OF JESSE G. ALLEN SURVEY, �+rAw^;p,C.yy.N,y` ABSTRACT NO. 18, AND MORE FULLY AND COM- n n PLETELY DESCRIBED IN EX- :., i.. N.. A R. GOKE Notary Public �Ck---6 - GLE "A"FROM'S IDA"SIN- ' COMMr,SION EXPIRES SIN- GLE FAMILY RESIDENTIAL �^ DISTRICT TO "CS"COMMU- NITY SERVICE DISTRICT y�+ 7'+�S SEPTEMBER 8 1999 SUBJECT E THE SPECIFIC 0 �... . TARRANT COUNTY,TEXAS REQUIREMENTS CON- , TAI ED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- OR- oNNS OFAN E- DETORMINNG. ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! THAT THE PUBLIC INTER- EST,ELFFARESDEMA GENER- AL k TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�� ZONING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI-1 NANCES PROVIDING ASEV- OFFICE C FFICE OF ERABILITY CLAUSE_;PROVID- ING FOR A PENALY FOR VI- S OLATIONS HEREOF' ralTi PROVIDING A SAVINGS CITY SECRE RY REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER,' AND PROVIDING AN EFFECTIVE ACCOUNT AMOUNT DATE. SECTION 7. NUMBER DUE 64 .78 Any person,firm,or corpora- tion who violates, disobeys, omits, neglects, or refuses to comply with or who re- PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 sists the enforcement of an of the provisions of this ordi- nance shall be fined not more than two thousand dol- lars(S2 000.00)for each of- fense.Each day that a viola- tion is permitted to exist shall constitute a separate offense. City of Southlake /s/Sandra L.LeGrand, City Secretary C1 f'Y OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 64 . 78 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED